Browse Federal Court JudgmentsBy Judge - Hespe J |
| Fully matching documents |
| SUPERANNUATION – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – fees for no service – where respondent continued to charge fees after successor fund transfer – whether charging of fees was a |
| Date: 21 May 2026 Judge: LEE, HESPE AND BUTTON JJ |
2. ZTBL v Minister for Immigration and Citizenship [2026] FCAFC 48
| MIGRATION – appeal against primary judge’s decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of the Minister for Immigration and Citizenship not to revoke |
| Date: 16 Apr 2026 Judge: MARKOVIC, HESPE and NEEDHAM JJ |
3. GMM18 v Minister for Immigration and Citizenship [2026] FCA 400
| MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to |
| Date: 10 Apr 2026 Judge: HESPE J |
4. Tabcorp Maxgaming Holdings Limited v Commissioner of Taxation [2026] FCAFC 30
| TAXATION – appeal from the decision of the primary judge dismissing an appeal under s 14ZZ of the Taxation Administration Act 1953 (Cth) – where appellant claimed deduction for a loss under Div 230 of the Income Tax Assessment Act 1997 (Cth) |
| Date: 26 Mar 2026 Judge: MOSHINSKY, HESPE AND BUTTON JJ |
5. Patel v Minister for Immigration and Citizenship [2026] FCA 340
| MIGRATION – application for extension of time and for leave to appeal- where applicants refused Employer Nomination Scheme (subclass 186) visas – where nomination application by first applicant’s employer refused – where nomination refusal |
| Date: 25 Mar 2026 Judge: HESPE J |
6. Medibank Private Limited v McClure [2026] FCAFC 38
| LEGAL PROFESSIONAL PRIVILEGE – third party reports – investigation into cyber-attack – whether primary judge erred as to dominant purpose in finding that reports not subject to legal professional privilege – whether documents were created, |
| Date: 20 Mar 2026 Judge: WIGNEY, LEE AND HESPE JJ |
7. DPC18 v Minister for Immigration and Citizenship [2026] FCA 253
| MIGRATION – application for extension of time within which to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of decision of the Administrative |
| Date: 13 Mar 2026 Judge: HESPE J |
8. TSXN v Minister for Immigration and Citizenship [2026] FCA 205
| MIGRATION – application for judicial review of decision of the Administrative Review Tribunal – where Tribunal affirmed decision of Minister’s delegate to refuse to grant a visa to the applicant pursuant to s 501(1) of the Migration Act 1958 |
| Date: 6 Mar 2026 Judge: HESPE J |
9. Commissioner of Taxation v Hicks (No 2) [2026] FCAFC 14
| COSTS – orders sought under r 25.14 of the Federal Court Rules 2011 (Cth) granting indemnity costs in respect of an appeal – where respondents made offers to settle appeal – where appeal was ultimately dismissed – whether appellant |
| Date: 2 Mar 2026 Judge: DERRINGTON, FEUTRILL, HESPE JJ |
10. Chief Executive Officer of the National Disability Insurance Agency v Eastham [2026] FCA 147
| ADMINISTRATIVE LAW – judicial review of decision of the Administrative Review Tribunal – whether the Tribunal made findings not open on the evidence – whether the Tribunal erred in construing s 34(1)(aa) of the National Disability Insurance |
| Date: 25 Feb 2026 Judge: HESPE J |
11. Commissioner of Taxation v Baya Casal [2026] FCAFC 11
| TAXATION – appeal from the decision of the primary judge setting aside objection decision – objection to private ruling under Div 359 of Sch 1 to the Taxation Administration Act 1953 (Cth) – where the respondent was a part time employee paid |
| Date: 20 Feb 2026 Judge: HESPE, BUTTON AND YOUNAN JJ |
12. Nam v Civil Aviation Safety Authority [2026] FCA 72
| ADMINISTRATIVE LAW – application for judicial review of a decision of the Administrative Review Tribunal – where the respondent refused to issue the applicant a class 1 medical certificate or a class 2 medical certificate under the Civil |
| Date: 12 Feb 2026 Judge: HESPE J |
| CORPORATIONS – application by administrators pursuant to s 447A of the Corporations Act 2001 (Cth) for an extension of the convening period for the second meeting of creditors under s 439A of the Corporations Act – whether to extend convening |
| Date: 23 Dec 2025 Judge: HESPE J |
14. Commissioner of Taxation v Hicks [2025] FCAFC 171
| TAXATION – application of s 45B of the Income Tax Assessment Act 1936 (Cth) (ITAA 1936) – capital benefit scheme – selective capital reduction – where the City Beach business was conducted through a trust, the units of which were pre-CGT |
| Date: 3 Dec 2025 Judge: DERRINGTON, FEUTRILL and HESPE JJ |
15. McEwan v Official Trustee in Bankruptcy (No 2) [2025] FCA 1392
| PRACTICE AND PROCEDURE – application under r 39.05 of the Federal Court Rules 2011 (Cth) to set aside an order dismissing an interlocutory application made in appeal proceedings which sought a temporary suppression order, non publication order or |
| Date: 13 Nov 2025 Judge: HESPE J |
| TAXATION – preliminary questions – where answers to preliminary questions could be dispositive of the proceedings – where foreign resident company made a capital gain on disposal of a membership interest in an electricity transmission company |
| Date: 30 Oct 2025 Judge: HESPE J |
17. Oracle Corporation Australia Pty Ltd v Commissioner of Taxation [2025] FCAFC 145
| PRACTICE AND PROCEDURE – stay of proceedings under s 23 of Federal Court of Australia Act 1976 (Cth) – public interest considerations – double taxation treaties – mutual agreement procedure (MAP) – where primary judge refused Appellants’ |
| Date: 21 Oct 2025 Judge: HESPE, BUTTON AND YOUNAN JJ |
18. Thomas v Monsoon Group Australia Pty Ltd (Costs) [2025] FCA 1106
| COSTS – costs of proceeding – appeal from Registrar of Trade Marks allowed – where submitting notice filed – where appeal was filed out of time – costs of application before the Registrar of Trade Marks |
| Date: 10 Sep 2025 Judge: HESPE J |
19. Australian Securities and Investments Commission v Darranda Pty Ltd (Penalty) [2025] FCA 938
| CONSUMER LAW – consumer credit – fixing pecuniary penalty – declarations that First Respondent contravened s 24(1)(a) of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth) (Credit Act)) – declarations |
| Date: 12 Aug 2025 Judge: HESPE J |
20. Thomas v Monsoon Group Pty Ltd [2025] FCA 911
| TRADE MARKS – non-use – where the respondent brought a non-use action before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) (the Act) – whether to grant the applicant an extension of |
| Date: 11 Aug 2025 Judge: HESPE J |
21. Chaplin v Secretary, Department of Social Services [2025] FCAFC 89
| ADMINISTRATIVE LAW – appeal on a question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) – where appellant received Youth Allowance payments under Pt 2.11 of Social Security Act 1991 (Cth) (Social Security |
| Date: 15 Jul 2025 Judge: THAWLEY, HESPE AND KENNETT JJ |
22. DBKX v Minister for Immigration and Multicultural Affairs [2025] FCA 700
| MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming respondent’s decision that the applicant was not eligible for a protection visa – whether Tribunal made a jurisdictional error by |
| Date: 27 Jun 2025 Judge: HESPE J |
23. Osborne v Schembri McCluskys Pty Ltd [2025] FCA 691
| BANKRUPTCY – appeal from decision of Federal Circuit and Family Court of Australia dismissing application for review of Registrar’s decision to make sequestration orders – where primary judge found that res judicata or issue estoppel applies |
| Date: 26 Jun 2025 Judge: HESPE J |
24. Commissioner of Taxation v Alcoa of Australia Ltd [2025] FCA 651
| ADMINISTRATIVE LAW – Freedom of Information Act 1982 (Cth) – draft expert report – appeal and cross-appeal from decision of Administrative Appeals Tribunal to release documents claimed to be exempt under s 42 of the Act – whether Tribunal |
| Date: 19 Jun 2025 Judge: HESPE J |
25. Merchant v Commissioner of Taxation (Costs) [2025] FCAFC 81
| TAXATION – consequential orders and costs – where no party was entirely successful on appeal – where parties filed competing forms of order – where appellants made offer of settlement before trial – whether costs of trial and the appeal |
| Date: 18 Jun 2025 Judge: LOGAN, MCELWAINE and HESPE JJ |
26. Luck v Secretary, Services Australia (Vexatious Proceedings Order) [2025] FCAFC 103
| HIGH COURT AND FEDERAL COURT – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) (the Act) – where the appellant has a long and active career as a litigant in Australian courts and tribunals – |
| Date: 11 Jun 2025 Judge: ROFE, HESPE AND KENNETT JJ |
27. Ayaad v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 543
| MIGRATION – appeal from decision of Administrative Appeals Tribunal affirming decision of delegate to refuse to grant Business Skills (Residence) (Class DF) Visa – whether Tribunal misconstrued the phrase “the period of 12 months ending |
| Date: 27 May 2025 Judge: HESPE J |
28. Merchant v Commissioner of Taxation [2025] FCAFC 56
| TAXATION – schemes to reduce tax pursuant to Part IVA of the Income Tax Assessment Act 1936 (Cth) – where vendor incurs a substantial capital loss on related party share sale but there is no effective alteration of control – whether primary |
| Date: 22 Apr 2025 Judge: LOGAN, MCELWAINE AND HESPE JJ |
29. University of New England v Boerner (Costs Review) [2025] FCA 368
| COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was |
| Date: 16 Apr 2025 Judge: HESPE J |
| PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from |
| Date: 27 Mar 2025 Judge: HESPE J |
| MIGRATION – appeal from Federal Circuit and Family Court of Australia – Regional Employer visa refused – refusal affirmed by the Tribunal – where there was no approved nomination by employer |
| Date: 26 Mar 2025 Judge: HESPE J |
32. BQJ17 v Minister for Immigration and Multicultural Affairs [2025] FCA 255
| MIGRATION – appeal from Federal Circuit and Family Court – refusal to grant protection visa – where refusal affirmed by the Administrative Appeals Tribunal – whether primary judge erred in finding Tribunal decision not affected by |
| Date: 26 Mar 2025 Judge: HESPE J |
33. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (Costs) [2025] FCAFC 29
| COSTS – where appeal dismissed and cross-appeal allowed, what orders should be made for costs of trial and appeal – whether costs of trial should be apportioned to take account of aspects of cross-claim on which respondent failed – where |
| Date: 21 Mar 2025 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
34. Younas v Commonwealth of Australia [2025] FCAFC 27
| MIGRATION – appeal – citizenship – s 10B(1) of the Australian Citizenship Act 1948 (Cth) – appeal by way of rehearing – where the appellant sought a declaration that he is an Australian citizen – whether the primary judge erred in |
| Date: 14 Mar 2025 Judge: SNADEN, ROFE and HESPE JJ |
35. Luck v Secretary, Services Australia [2025] FCAFC 26
| PRACTICE AND PROCEDURE – where appellant failed to appear at appeal hearing – whether appeal should be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE – where appellant filed interlocutory |
| Date: 7 Mar 2025 Judge: ROFE, HESPE AND KENNETT JJ |
36. Minister for the Environment and Water v Northern Seafoods Pty Ltd [2025] FCA 116
| ENVIRONMENT LAW - application for declaration as to contravening conduct and pecuniary penalties - where respondent conducted trap fishing for commercial purposes in Habitat Protection Zone of Oceanic Shoals Marine Park - multiple contraventions - |
| Date: 25 Feb 2025 Judge: HESPE J |
37. Australian Securities and Investments Commission v AustralianSuper Pty Ltd [2025] FCA 102
| CORPORATIONS - financial services - declarations of contraventions - assessment of pecuniary penalty - failure by AustralianSuper to establish rules setting out procedure to identify and merge multiple superannuation accounts as required by s 108A |
| Date: 21 Feb 2025 Judge: HESPE J |
38. Commissioner of Taxation v Bendel [2025] FCAFC 15
| TAXATION - appeal by Commissioner from a decision of the Administrative Appeals Tribunal - where corporate beneficiary had a present entitlement which was unpaid - whether present entitlement remaining unpaid was a loan for the purposes of s 109D of |
| Date: 19 Feb 2025 Judge: LOGAN, HESPE AND NESKOVCIN JJ |
39. Commissioner of Taxation v Liang [2025] FCAFC 4
| TAXATION - appeal from single judge decision quashing decision of the Administrative Appeals Tribunal to affirm objection decision made by Commissioner - where amount of unexplained deposits received by a trust assessed as ordinary income - where |
| Date: 31 Jan 2025 Judge: PERRAM, WHEELAHAN and HESPE JJ |
40. Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1456
| MIGRATION - exercise of discretion under s 501BA of the Migration Act 1958 (Cth) to override decision of Administrative Appeals Tribunal - whether Minister misconstrued the "national interest" - whether decision was legally unreasonable - whether |
| Date: 17 Dec 2024 Judge: HESPE J |
41. DIS24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1397
| MIGRATION - application for extension of time for review of decision of Administrative Appeals Tribunal - where time for seeking review expired over three years before proceedings commenced - whether the merits justify extension being granted - |
| Date: 6 Dec 2024 Judge: HESPE J |
42. Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
| TRADE MARKS -- s 62(b) of the Trade Marks Act 1995 (Cth) - where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the |
| Date: 6 Dec 2024 Judge: KATZMANN, WHEELAHAN AND HESPE JJ |
43. Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154
| MIGRATION - appeal from decision of primary judge dismissing application for judicial review of Minister's decision to cancel appellant's visa under s 501BA(2) of the Migration Act 1958 (Cth) - where Minister extended to appellant the opportunity to |
| Date: 6 Dec 2024 Judge: DERRINGTON, FEUTRILL AND HESPE JJ |
44. Voukidis Holdings Pty Ltd v Pascoe (as trustee of the bankrupt estate of Voukidis) [2024] FCA 1401
| BANKRUPTCY AND INSOLVENCY - application for interlocutory injunction to prevent trustee in bankruptcy from selling property until determination of appeal - where applicant appeals declaration that it does not hold a security interest in the property |
| Date: 5 Dec 2024 Judge: HESPE J |
45. Vega Industries Australia Pty Ltd v Comptroller-General of Customs [2024] FCA 1343
| TAXATION - customs and excise - review of decision of the Administrative Appeals Tribunal affirming decision to refuse tariff concession order (TCO) application - whether Tribunal failed to identify the TCO goods correctly - whether Tribunal erred |
| Date: 22 Nov 2024 Judge: HESPE J |
46. Sidhu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1342
| MIGRATION - application for leave to appeal decision of the Federal Circuit and Family Court of Australia (Division 2) - where visa application was not accompanied by evidence that the Applicant achieved minimum language test requirements |
| Date: 21 Nov 2024 Judge: HESPE J |
47. Lovepreet v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1361
| MIGRATION - application for leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - where Applicant did not appear at the hearing - application for dismissal made under r 35.33 |
| Date: 20 Nov 2024 Judge: HESPE J |
48. DLS21 v Minister for Immigration and Multicultural Affairs [2024] FCA 1337
| MIGRATION - application for extension of time and leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) - where Applicant did not appear at the hearing - application for dismissal made under r 35.33 |
| Date: 18 Nov 2024 Judge: HESPE J |
49. Wilson v State of Victoria (Costs) [2024] FCA 1190
| COSTS - whether costs should follow the event - where claim summarily dismissed - whether successful parties engaged in disentitling conduct - where unsuccessful parties experience financial difficulties |
| Date: 15 Oct 2024 Judge: HESPE J |
50. Khan v Registrar of the Federal Court of Australia [2024] FCA 1148
| PRACTICE AND PROCEDURE - application for judicial review of decision of Registrar not to accept notice of appeal for filing - whether purported notice of appeal is an abuse of process - where applicant seeks to appeal decisions of the Victorian |
| Date: 1 Oct 2024 Judge: HESPE J |
51. Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124
| CONTEMPT OF COURT - whether the Court lacked jurisdiction because service under an order for substituted service was not effective service - whether submission to jurisdiction applies to contempt proceedings - whether the primary judge erred in |
| Date: 24 Sep 2024 Judge: ABRAHAM, HESPE AND NESKOVCIN JJ |
52. Sladden v Commissioner of Taxation [2024] FCAFC 122
| TAXATION -- appeal from a decision of the Administrative Appeals Tribunal affirming the decision of the Commissioner of Taxation to disallow the applicant's objection to an income tax assessment -- where claim made by applicant for future income |
| Date: 19 Sep 2024 Judge: O'SULLIVAN, HESPE AND NESKOVCIN JJ |
| PRACTICE AND PROCEDURE - interlocutory application to vary final orders entered - whether order should be amended to include an endorsement under r 41.06 - where there is significant delay between order being made and application to vary order - |
| Date: 12 Sep 2024 Judge: HESPE J |
| ADMINISTRATIVE LAW - appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the Administrative Appeals Tribunal determined that the applicant was not a public benevolent institution - where the parties |
| Date: 5 Sep 2024 Judge: WHEELAHAN, HESPE AND KENNETT JJ |
55. Australian Securities and Investments Commission v Darranda Pty Ltd (Liability) [2024] FCA 1015
| CONSUMER LAW - consumer credit - whether customer contracts are consumer leases or credit contracts for the purposes of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)) - whether Australian Credit Licence |
| Date: 4 Sep 2024 Judge: HESPE J |
| MIGRATION - appeal from decision of primary judge dismissing application for judicial review of a decision of the Administrative Appeals Tribunal under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke cancellation of applicant's visa - |
| Date: 23 Aug 2024 Judge: O'BRYAN, JACKSON AND HESPE JJ |
57. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2024] FCA 925
| BANKRUPTCY AND INSOLVENCY - application for review of decision of registrar refusing to set aside bankruptcy notice - whether bankruptcy notice is abuse of process - whether applicant solvent at time bankruptcy notice issued - where Respondent had |
| Date: 16 Aug 2024 Judge: HESPE J |
58. Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care (Costs) [2024] FCA 857
| COSTS - application for indemnity costs - where Calderbank walk away offer not accepted - where claims substantially changed after walk away offer - whether refusal to accept Calderbank offer was unreasonable |
| Date: 1 Aug 2024 Judge: HESPE J |
59. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
| COSTS - application for variation to costs orders - appropriate order as to costs - where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge - where respondent's validity |
| Date: 11 Jul 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
| TAXATION - whether Administrative Appeals Tribunal erred in its construction of s 207-155 of the Income Tax Assessment Act 1997 (Cth) - alleged dividend stripping operation - Tribunal erred in its construction of s 207-155 - matter remitted to the |
| Date: 14 Jun 2024 Judge: BROMWICH, THAWLEY AND HESPE JJ |
61. DXF22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 75
| MIGRATION - where appellant applied to Administrative Appeals Tribunal (Tribunal) for review of decision to refuse application for protection visa - where Tribunal invited appellant to hearing via email and appellant did not intend - where Tribunal |
| Date: 7 Jun 2024 Judge: WIGNEY, HESPE AND KENNETT JJ |
62. Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68
| CITIZENSHIP - eligibility - citizenship by descent - where applicant for citizenship was born outside Australia - whether the Administrative Appeals Tribunal erred in construing and failing to apply ordinary meaning of the phrase "at the time of the |
| Date: 5 Jun 2024 Judge: WHEELAHAN, CHEESEMAN AND HESPE JJ |
63. Mitchell v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 526
| MIGRATION - application for extension of time - application for judicial review of decision of the Minister made under s 501CA(4) of the Migration Act 1958 (Cth) to refuse to revoke the cancellation of the Applicant's visa (the Decision) - whether |
| Date: 20 May 2024 Judge: HESPE J |
64. Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 491
| ADMINISTRATIVE LAW - application for judicial review of decision of delegate of the Secretary, Department of Health and Aged Care to release certain information pursuant to s 61(3) of the Therapeutic Goods Act 1989 (Cth) to various Commonwealth, |
| Date: 13 May 2024 Judge: HESPE J |
65. WKBF v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 465
| MIGRATION - appeal from decision of Administrative Appeals Tribunal affirming decision of delegate of Minister to refuse to revoke mandatory cancellation of Applicant's visa - where Tribunal considered offences of Applicant for which no convictions |
| Date: 6 May 2024 Judge: HESPE J |
66. FBLQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 397
| MIGRATION - application for review of decision of Administrative Appeals Tribunal not to revoke mandatory cancellation of Applicant's visa - where Applicant's wife (who was also a witness in the Tribunal hearing) acted as the Applicant's advocate at |
| Date: 19 Apr 2024 Judge: HESPE J |
67. Nuttall v Hatch Pty Ltd [2024] FCA 339
| EMPLOYMENT LAW - employment - adverse action - whether the applicant was subjected to adverse action contrary to s 340 of the Fair Work Act 2009 (Cth) (FW Act) - whether applicant made complaints or inquiries amounting to the exercise of "workplace |
| Date: 9 Apr 2024 Judge: HESPE J |
68. Bechtel Australia Pty Ltd v Commissioner of Taxation [2024] FCAFC 33
| TAXATION - Fringe benefits tax - in relation to travel expenses for 'fly in, fly out' (FIFO) employees - whether 'otherwise deductible' rule applies |
| Date: 15 Mar 2024 Judge: DERRINGTON, DOWNES AND HESPE JJ |
69. Esso Australia Resources Pty Ltd v Commissioner of Taxation (Costs) [2024] FCA 239
| COSTS - where the applicant abandoned an issue prior to trial |
| Date: 14 Mar 2024 Judge: HESPE J |
70. Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28
| TAXATION - Income Tax Assessment Act 1936 (Cth) Part IVA - where gist of the scheme was failure by a trustee to exercise a discretion to make a distribution - whether a reasonable person would conclude that the applicant entered into or carried out |
| Date: 8 Mar 2024 Judge: BESANKO, COLVIN AND HESPE JJ |
71. Commissioner of Taxation v Hannover Life Re of Australasia Ltd [2024] FCAFC 23
| TAXATION - goods and services tax - input tax credits - creditable acquisitions - creditable purpose - whether life insurer is entitled to input tax credits under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) for acquisition of |
| Date: 4 Mar 2024 Judge: DERRINGTON, THAWLEY AND HESPE JJ |
72. Stern v Commissioner of Taxation [2024] FCAFC 21
| SUPERANNUATION - Div 294 of the Income Tax Assessment Act 1997 (Cth) - whether defined benefit lifetime pension excluded from calculation of excess transfer balance - reliance on Guide in determining purpose or object underlying operative provisions |
| Date: 1 Mar 2024 Judge: THAWLEY, HESPE AND HORAN JJ |
73. Parthy v Grow MF Pty Ltd [2024] FCA 96
| PRACTICE AND PROCEDURE - leave to appeal - application for leave to appeal order relating to practice and procedure |
| Date: 16 Feb 2024 Judge: HESPE J |
74. AusNet Services Limited v Commissioner of Taxation [2024] FCA 90
| TAXATION - restructure involving stapled group - whether applicant had made a valid rollover election under Division 615 of the Income Tax Assessment Act 1997 (Cth) - whether scheme for reorganising affairs of an entity - whether ratios under s |
| Date: 16 Feb 2024 Judge: HESPE J |
75. Esso Australia Resources Pty Ltd v Commissioner of Taxation [2024] FCA 87
| TAXATION - petroleum resource rent tax - payments under Gas Processing Agreement - monthly reservation fees - settlement sum - assessable petroleum receipts - assessable tolling receipts - assessable property receipts - derivation |
| Date: 16 Feb 2024 Judge: HESPE J |
76. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10
| TRADE MARKS - non-use - Trade Marks Act 1995 (Cth) s 92(4)(b) - shape trade mark - whether alleged use is use as a trade mark - relevant principles applicable to non-traditional trade marks - consideration of difference between test for whether one |
| Date: 16 Feb 2024 Judge: NICHOLAS, BURLEY AND HESPE JJ |
| MIGRATION - application for extension of time for judicial review of decision of Administrative Appeals Tribunal affirming decision not to revoke mandatory cancellation of visa - whether Tribunal fell into error by making an irrational or legally |
| Date: 29 Jan 2024 Judge: HESPE J |
78. Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1495
| MIGRATION - application to appeal from judgment of Federal Circuit Court - where Tribunal made an error in referring to a "s.359A letter" - whether that error was jurisdictional |
| Date: 29 Nov 2023 Judge: HESPE J |
79. BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 206
| MIGRATION - where the appellant appeals the dismissal of an application for the judicial review of a decision by a delegate of the Minister to cancel the appellant's refugee visa under s 501(3A) of the Migration Act 1958 (the Act) after being |
| Date: 27 Nov 2023 Judge: LOGAN, SNADEN AND HESPE JJ |
80. Thummala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1488
| MIGRATION - application to appeal from decision of Federal Circuit Court dismissing application for judicial review - where no appearance by appellant - appeal dismissed for non appearance |
| Date: 22 Nov 2023 Judge: HESPE J |
81. AUR23 v Commonwealth of Australia [2023] FCA 1394
| MIGRATION - application for interlocutory injunction to prevent the applicant's removal from Australia - where applicant has made a request for the Minister to exercise powers under ss 46A and 48B of the Migration Act 1958 (Cth) but the request has |
| Date: 10 Nov 2023 Judge: HESPE J |
82. Jarvis-Lavery v Commissioner of Taxation [2023] FCA 1382
| ADMINISTRATIVE LAW - application for extension of time to appeal decision of Administrative Appeals Tribunal - whether adequate explanation for delay of two years - where Tribunal member retired before decision could be made - whether there was a |
| Date: 10 Nov 2023 Judge: HESPE J |
83. Australian Laboratory Services Pty Ltd v Tangi (Costs) [2023] FCA 1281
| COSTS - whether defendant is entitled to indemnity costs |
| Date: 24 Oct 2023 Judge: HESPE J |
| MIGRATION - application for extension of time to appeal decision of Administrative Appeals Tribunal - whether Tribunal decision was affected by jurisdictional error because it failed to perform its statutory task - whether Tribunal failed to make |
| Date: 20 Oct 2023 Judge: HESPE J |
85. Infrabuild NSW Pty Ltd v Anti-Dumping Review Panel [2023] FCA 1229
| ADMINISTRATIVE LAW - application for review of a decision of the Anti-Dumping Review Panel affirming a decision of the Anti-Dumping Commissioner to terminate an investigation into alleged dumping - whether decision of the Anti-Dumping Review Panel |
| Date: 17 Oct 2023 Judge: HESPE J |
| MIGRATION - appeal from decision of Federal Circuit Court of Australia - refusal of application for Protection visa - whether decision of Administrative Appeals Tribunal affected by jurisdictional error - whether finding of fact unsupported by |
| Date: 16 Oct 2023 Judge: HESPE J |
87. Simplot Australia Pty Limited v Commissioner of Taxation (Costs) [2023] FCA 1226
| COSTS - whether the Commissioner of Taxation should bear the costs of an expert report in circumstances where the Court found that the opinions expressed were not based on the expert's specialised knowledge or expertise - whether applicant should |
| Date: 13 Oct 2023 Judge: HESPE J |
88. Simplot Australia Pty Limited v Commissioner of Taxation [2023] FCA 1115
| TAXATION - goods and services tax - exemption - whether certain frozen food supplied and imported by the applicant was "of a kind" "marketed as a prepared meal" |
| Date: 22 Sep 2023 Judge: HESPE J |
89. Dessmann, in the matter of Dessmann [2023] FCA 1019
| SUPERANNUATION - application for an order that the applicant not be a disqualified person under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) - where applicant is sole member of a self-managed superannuation fund |
| Date: 28 Aug 2023 Judge: HESPE J |
90. Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144
| MIGRATION - appeal - whether leave to argue new grounds ought be granted - Direction No. 90 - whether Tribunal misconstrued the phrase "vulnerable members of the community" in para 8.4(2)(c) of the Direction - whether Tribunal's error material - |
| Date: 25 Aug 2023 Judge: STEWART, FEUTRILL AND HESPE JJ |
91. Paschke v Secretary, Department of Social Services [2023] FCAFC 143
| REPRESENTATIVE PROCEEDINGS - application for extension of time and leave to appeal decision of single judge dismissing representative proceedings brought under Part IVA of Federal Court of Australia Act 1976 (Cth) - whether decision was |
| Date: 24 Aug 2023 Judge: ANDERSON, MCEVOYand HESPE JJ |
92. Widdup v Deputy Commissioner of Taxation [2023] FCAFC 145
| PRACTICE AND PROCEDURE - application for leave to appeal interlocutory order - moneys paid into court to discharge freezing orders - application that moneys be paid out of court - allegation of material non-disclosure upon ex parte application for |
| Date: 24 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE J |
93. Automotive Invest Pty Limited v Commissioner of Taxation [2023] FCAFC 129
| TAXATION - luxury car tax - goods and services tax - appeal from decision of primary judge which held that cars were used and intended to be used for a purpose in addition to being held as trading stock - where cars exhibited in "Gosford Classic Car |
| Date: 11 Aug 2023 Judge: LOGAN, WHEELAHAN AND HESPE JJ |
94. Hoare v Giasoumi, in the matter of the Bankrupt Estate of Roache [2023] FCA 949
| BANKRUPTCY- Provable debts - whether leave granted pursuant to section 82 of the Bankruptcy Act 1966 (Cth) |
| Date: 10 Aug 2023 Judge: HESPE J |
95. Tax Practitioners Board v Buckland (Interim Injunction) [2023] FCA 836
| PRACTICE AND PROCEDURE - application for interlocutory injunction to restrain respondents from preparing and lodging income tax returns - where respondents located overseas - where respondents not registered tax agents |
| Date: 25 Jul 2023 Judge: HESPE J |
96. Bblood Enterprises Pty Ltd v Commissioner of Taxation [2023] FCAFC 114
| PRACTICE AND PROCEDURE - costs - where two taxation proceedings were heard together at first instance and on appeal - where the Commissioner was successful in both proceedings at first instance - where the taxpayer appealed and was unsuccessful in |
| Date: 21 Jul 2023 Judge: MOSHINSKY, COLVIN AND HESPE JJ |
97. Hedges v Commissioner of Taxation [2023] FCAFC 105
| TAXATION - appeal from decision of primary judge dismissing appeal from decision of Administrative Appeals Tribunal - where taxpayer is retired partner of a law firm - whether appellant was entitled to receive capital proceeds from disposal of |
| Date: 12 Jul 2023 Judge: LOGAN, GOODMAN AND HESPE JJ |
98. BXA18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 739
| MIGRATION - refusal of application for protection visa - whether decision of Tribunal affected by jurisdictional error - whether Tribunal fell into jurisdictional error in making adverse credibility finding against appellant |
| Date: 3 Jul 2023 Judge: HESPE J |
99. Millsom v North Melbourne College Aus Pty Ltd [2023] FCA 677
| PRACTICE AND PROCEDURE - summary dismissal application pursuant to Federal Court of Australia Act 1976 (Cth) s 31A(2) and/or Federal Court Rules 2011 (Cth) r 26 - whether applicant has no reasonable prospect of successfully prosecuting the |
| Date: 22 Jun 2023 Judge: HESPE J |
100. JMC Pty Ltd v Commissioner of Taxation (Costs) [2023] FCAFC 95
| COSTS - application for indemnity costs under r 25.14(3) of the Federal Court Rules 2011 (Cth) - whether appellant entitled to indemnity costs following rejected offer of compromise in trial proceeding - whether refusal of offer was unreasonable - |
| Date: 16 Jun 2023 Judge: BROMWICH, THAWLEY AND HESPE JJ |
